EPA v. Jackson Outdoor Burning

Case summary

On June 2, 2021, Region 10 filed a consent agreement and final order with Therral Jackson for alleged violations of the open burning permit requirements under the Federal Air Rules for Reservations (FARR). On three days in July and August of 2020, Therral Jackson conducted open burns on property within the Nez Perce Reservation without first applying for and obtaining an open burn permit from the Nez Perce Tribe. The Tribe runs the burn permit program under the FARR on the Nez Perce Reservation under a delegation agreement with EPA and the Tribe referred the violations to EPA. Under the delegation agreement for the FARR, the Tribe considers factors such as the current and projected air quality conditions, the forecasted meteorological conditions, and other scheduled burning activities in the surrounding area in issuing burn permits in order to control emissions of particulate matter and other noxious fumes resulting from open burning. The settlement agreement requires Therral Jackson to pay a civil penalty of $743.

Defendants (1)

• Jackson Outdoor BurningNamed in complaintNamed in settlement

Facilities (1)

• THERRAL JACKSON

  1342 RIDGEWOOD DRIVE, KAMIAH, ID, 83536

  Registry ID: 110070924570

Statutes cited

• CAA TRIBAL — Tribal Rule not otherwise covered

Enforcement conclusions (1)

• Jackson Outdoor Burningentered 2021-06-02

  Primary law: CAA

  Federal penalty: $743

Timeline (3 milestones)

• 2021-06-02Complaint Filed/Proposed Order
• 2021-06-02Final Order Issued
• 2021-06-08Enforcement Action Data Entered